Terms & Conditions of Sale


Property Owning Entity is responsible under the Terms and Conditions of Sale as found on this page, and as existing on the day preceding the date of any Order placed.

1. Terms

All invoices are payable to Arbor in Dallas County, Texas and are due within 30 days of the invoice date unless agreed otherwise in writing. All past due invoices shall bear interest from the date the indebtedness is first incurred until paid at 18% per annum or the maximum rate allowed by law in the State where the Property is located.

2. Recovery

Arbor shall be entitled to recover from the Property Owning Entity and its guarantors, if any, all reasonable attorney fees and costs incurred in enforcing its rights under this Agreement or defending any action filed based upon the sale of its services and products based upon this Agreement. Arbor may, in its sole discretion, charge a $650.00 Administrative Fee for pre-lawsuit collection procedures taken by Arbor, including, but not limited to sending a demand letter and/or filing a mechanic's lien. The Parties stipulate that all legal proceeding seeking to enforce or interpret the terms of this Agreement shall be brought in Tarrant County, Texas, or at Arbor's sole and absolute discretion, in any county where Arbor maintains a warehouse location in the State where the Property is located. This Agreement shall be governed by and construed in accordance with the laws of the State where venue has been sought by Arbor, without regard to its conflict of law principles. The Owning Entity and its guarantors, if any, stipulate and agree to submit to personal jurisdiction in the State where such an action is brought by Arbor.

3. Warranties

This general warranty policy supersedes any other warranties contained in plans or specifications on which a quotation or proposal for the Arbor may be based and cannot be expanded without the prior and specific written consent of Arbor, signed by an Officer or Manager. Arbor shall have no obligation to perform under the terms of this warranty provision as long as the Owning Entity is in default (including, but not limited to the payment of any amount allowed to be charged) under this Agreement. For products and materials sold or used by Arbor, Arbor's only obligation will be to assign the Owning Entity all transferable warranties made by the manufacturers or suppliers of materials to Arbor. ARBOR MAKES AND GIVES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. IT IS EXPRESSLY UNDERSTOOD THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED WITH RESPECT TO ANY AND ALL GOODS, MATERIALS OR SERVICES FURNISHED BY ARBOR. Arbor does not guaranty that the Goods it sells conform to any plans and specifications or intended use. When plans and specifications are involved, the Owning Entity or other person to whom Arbor is selling its products and services is solely responsible for verifying that Arbor's products and services will be accepted on any specific job. When Arbor offers substitute products or services on any proposal, the Owning Entity and/or other person to whom Arbor is selling its products and services is solely responsible for verifying that Arbor's products and services will be accepted on any specific job. No repair of products or other costs are assumed by Arbor unless agreed to, in advance, in writing.

4. Limitation of Liability

Arbor shall not, under any circumstances and for any reason whatsoever, be liable for special or consequential damages, including, but not limited to damages or loss of other property or equipment, loss of profits or revenue, cost of capital, cost of purchased or replacement goods, delays, or claims asserted by the Owning Entity or by parties in contract with the Owing Entity. The remedy of the Owning Entity or said parties in contract with the Owing Entity set forth herein is exclusive, and the liability of Arbor with respect to any contract, or anything done in connection therewith such as the performance or breach thereof, or from the sale, delivery, resale, installation or use of any products sold, whether arising out of any contract, negligence, strict tort, or under any warranty, is so limited. In the event the limitations or exclusions from liability are contrary to applicable law, any damages based upon strict tort, or under any warranty or otherwise, shall not exceed the price of the goods upon which such liability is based.

5. ENTIRE AGREEMENT

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND MAY NOT BE ALTERED EXCEPT IN A WRITING SIGNED BY A MANAGER OR OFFICER OF ARBOR. THIS AGREEMENT SHALL BE CONSTRUED ACCORDING TO THE LAWS OF THE STATE WHERE PROPER VENUE HAS BEEN SOUGHT. IN ANY LEGAL PROCEEDINGS BROUGHT THE PARTIES WAIVE TRIAL BY JURY.

Arbor Contract Carpet, Inc. • AZ 281539, 281540 CA 751793 NV 0081466, 0081573

Website Terms & Conditions of Use


1. Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Arbor's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Arbor's website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Arbor at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Arbor's website are provided "as is". Arbor makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Arbor does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Arbor or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Arbor's Internet site, even if Arbor or a Arbor authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errors

The materials appearing on Arbor's website could include technical, typographical, or photographic errors. Arbor does not warrant that any of the materials on its website are accurate, complete, or current. Arbor may make changes to the materials contained on its website at any time without notice. Arbor does not, however, make any commitment to update the materials.

6. Links

Arbor has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Arbor of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

Arbor may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Arbor's website shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a website.

Arbor • AZ 281539, 281540 CA 751793 NV 0081466, 0081573

Arbor Privacy Policy


This Privacy Policy applies to information about you that Arbor ("Arbor", "we", "our", "us") may obtain when you visit or interact with arbor.us (the "Site"). This Privacy Policy describes how we may collect, use, or share information about you; your choices regarding our use of your information; how we safeguard such information; and how you may contact us regarding our privacy practices.

Collection of Personal Information

"Personal Information" is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you. Personal Information does not include information that is publicly available, de-identified, or aggregated.

Information you provide: We may obtain information that you provide directly to us on the Site (e.g., when you contact us, sign up to receive more information about our products and services, submit a support request, create an account). This information may include Personal Information such as your name, email address, telephone number, payment information (e.g., credit card number and billing address) and username and password.

Information collected automatically: The Site may collect certain information including IP addresses, device identifiers, browser characteristics, operating system details, referring URLs, length of visits, and pages viewed automatically using various tools and technologies such as cookies and web server logs. We use cookies to store visitors preferences, record session information, such as items that consumers add to their shopping cart, record user-specific information on what pages users access or visit, alert visitors to new areas that we think might be of interest to them when they return to our Site, record past activity at a Site in order to provide better service when visitors return to our Site, customize Site page content based on visitors' browser type or other information that the visitor sends.

Your web browser may have settings that allow you to transmit a "Do Not Track" signal when you visit various websites or use online services. Like many websites, the Site is not designed to respond to "Do Not Track" signals received from browsers. To learn more about "Do Not Track" signals, visit http://www.allaboutdnt.com/.

We may use certain third-party web analytics services, including Google Analytics, through the Website to help us understand and analyze how visitors use the Website. For more information on how Google Analytics uses data collected through the Site, visit: https://www.google.com/policies/privacy/partners/. To opt out of Google Analytics cookies, visit: http://www.google.com/settings/ads and https://tools.google.com/dlpage/gaoptout/.

Please note that we do not control how other parties manage their opt-out processes.

Your Cookie and Other Tracking Technology Choices

A "cookie" is a small data file that we transfer to your browser or mobile device. Most browsers provide controls allowing you to block receipt of cookies, to delete cookies, or to be prompted before cookies are received. Please note that, if you delete or choose not to receive cookies from our Site, the functionality of the Site may be impaired. To find out more about cookies, including how to manage or delete them, visit https://www.aboutcookies.org.

We use third-party analytics services to help us understand and improve the usage of our Site and the effectiveness of our marketing efforts. In some situations, we permit the companies providing these services to set and access cookies (and use similar data tools, such as "pixel tags" or "web beacons") through our Site, and these companies may collect, for example, your personal identifiers (such as IP address, device and browser identifiers and characteristics, and anonymous identifiers) and information about your device (such as operating system and language preferences) and your usage activity on the Site (such as your interaction with our Site and the link you used to reach it).

Analytics

You may choose not to receive some interest-based advertising by submitting opt-outs. Some of the advertisers and business partners that perform advertising-related services for us may participate in the Digital Advertising Alliance's ("DAA") Self-Regulatory Program for Online Behavioral Advertising and/or the Network Advertising Initiative ("NAI"). To learn more about how you can exercise certain choices regarding interest-based advertising, including use of cross-device data for serving ads, visit http://www.aboutads.info/choices/. To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please remember that when you opt out of personalized advertising, you may continue to see online advertising on the Site and/or our ads on other websites and online services./p>

Use of Personal Information

The information we collect is used for various purposes, including:

Sharing of Personal Information

We may share your personal information with our affiliates, subsidiaries, business partners, sub-contractors, and vendors who assist in providing support for our internal operations.

In the event of a business transaction, such as if we sell or transfer all or a portion of our business or assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction, including negotiations of such transactions), we reserve the right to disclose any information we obtain through the Site. You acknowledge that such transfers may occur and are permitted by and subject to this Privacy Policy.

We may disclose personal information when required by subpoena, search warrant, or other legal processes, or in response to activities that are unlawful or a violation of our rules for use of the Site, or to protect and defend our rights or property.

Other Online Services

The Site may include links of features of other online services that are owned and/or operated by other parties. This Privacy Policy does not apply to those online services, which may have their own privacy policies or notices that you should review to understand how they may use or disclose your personal information. We are not responsible for the content or privacy practices of any online service that we do not control.

Your Choices

Email marketing: You may opt out of email marketing communications at any time by clicking the "unsubscribe" link in the body of the email. Opting out of marketing emails will not affect our administrative emails to you (e.g., emails about your transactions).

Marketing: If you supply us with your postal address online you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending us an email at it@arbor.us, or by calling 855-889-6200.

No use by children under the age of 18

The Site is not intended for use by children under the age of 18. If you are under the age of 18, you may not use our Site. We do not knowingly collect, maintain, or use Personal Information from children under 18 years of age.

Information for users outside the United States

If you are visiting the Site from outside the United States, please be aware that information we obtain about you will be processed in the United States or in other jurisdictions. By using the Site, you acknowledge your personal information may be transferred to and processed in jurisdictions outside your own, as described in this Privacy Policy. Please be aware that the data protection laws and regulations that apply to your Personal Information transferred to the United States or other countries may be different from the laws in your country of residence.

Security

We take reasonable measures to protect your Personal Information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure, so we cannot guarantee the security of your information collected through the Site.

Revisions

If our information practices change at some time in the future we will contact you before we use your Personal Information for a new, unanticipated purpose to notify you of the policy change and to provide you with the ability to opt out of these new uses. Customers may prevent their Personal Information from being used for purposes other than those for which it was originally collected by emailing us at it@arbor.us, or by calling 855-889-6200.

California Consumer Privacy

The California Consumer Privacy Act (CCPA) is a state law intended to enhance privacy rights and consumer protection for residents of California.

Under the CCPA, California residents have certain rights that they may exercise independently or through an authorized agent. CCPA rights requests are subject to an identification and verification process. We will not fulfill a CCPA request unless we have been provided sufficient information for us to reasonably verify the identity of the requestor and the validity of the request. We will not discriminate against you if you exercise any of the rights provided by the CCPA. We encourage you to take an active role in the management of your privacy.

California Consumer Privacy Act
In accordance with CCPA's requirements, this notice describes our collection, use, and disclosure, and the sources and purposes thereof, of California consumers' personal information during the preceding twelve months, as well as the rights California consumers have under the CCPA.

Consistent with the CCPA, job applicants, current and former employees and contractors, and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered consumers for purposes of this section or the rights described herein.

The CCPA gives California consumers certain rights:

Right to know
You may request that we delete your personal information that we have collected directly from you and are currently maintaining. Please note, however, that we may have a legal basis for retaining such personal information under the CCPA, despite your request. Our rights include the right to retain personal information (1) to complete transactions and services you have requested or that are reasonably anticipated, (2) for security purposes, (3) for legitimate internal business purposes, including maintaining business records, (4) to comply with law, (5) to exercise or defend legal claims, and (6) to cooperate with law enforcement. Requests of this nature may be made no more than twice in a 12-month period.

Right to delete
You may request that we delete your personal information that we have collected directly from you and are currently maintaining. Please note, however, that we may have a legal basis for retaining such personal information under the CCPA, despite your request. Our rights include the right to retain personal information (1) to complete transactions and services you have requested or that are reasonably anticipated, (2) for security purposes, (3) for legitimate internal business purposes, including maintaining business records, (4) to comply with law, (5) to exercise or defend legal claims, and (6) to cooperate with law enforcement. Requests of this nature may be made no more than twice in a 12-month period.

Right to opt-out of the "sale" of personal information
You have the right to opt-out of the "sale" of your personal information. To the extent cookies or other technologies that facilitate interest-based advertising or other business purposes could be considered a "sale," you can learn how to exercise choices regarding these technologies by following the instructions in the Do Not Sell section below.

You have the right to opt-out of the "sale" of your personal information. To the extent cookies or other technologies that facilitate interest-based advertising or other business purposes could be considered a "sale," you can learn how to exercise choices regarding these technologies by following the instructions in the Do Not Sell section below.

Do not sell
We do not "sell" your personal information based on the CCPA definition of a "sale." To the extent we change our processing practices or new laws come into effect, we may update this privacy policy. You can, however, exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad limitation choices. In addition, third-party tools may enable you to search for and opt-out of some of these tracking technologies.

We may disclose your personal information for the following purposes, which are not a sale: (i) if you direct us to share your personal information; (ii) to comply with your requests under the CCPA; (iii) as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.

As noted above, some browsers have signals that may be characterized as "Do Not Track" signals, but we do not understand them to operate in that manner or to represent a Do Not Sell request by you. We understand that various parties are developing Do Not Sell signals, and we may recognize some or all of these signals in the future if we conclude such a program is appropriate.

Shine the Light

California law permits customers in California to request certain details about how their personal information is shared with third parties if personal information is shared for those third parties' own direct marketing purposes. We do not share personal information with third parties for those third parties' own direct marketing purposes. Californians may request information about our compliance with this law by contacting us at it@arbor.us or by sending a letter to: Arbor Contract Carpet, Inc. 4655 Geneva Steet, Denver, CO 80238.

Any such request must include your name and "California Shine the Light Privacy Rights Request" in the first line of the description and, if sent by mail, must include your street address, city, state, and zip code.

Please note that "Shine the Light" rights and CCPA rights are granted by different laws and must be exercised separately.

Nevada Privacy Notice

Nevada law allows residents to opt out of the sale of certain Personal Information, called "covered information." We do not sell covered information as defined under Nevada law and we have no plans to change that practice. If you want to be notified if we do change that practice, you may submit your request by emailing us at it@arbor.us.

Contact Information

You may contact us at it@arbor.us, or by calling 855-889-6200 or write to us at Arbor Contract Carpet, Inc. 4655 Geneva Steet, Denver, CO 80238.

Arbor Contract Carpet, Inc.• AZ 281539, 281540 CA 751793 NV 0081466, 0081573

Last updated: July 5, 2022